Filed Date: 2007
Closed Date: 2007
Clearinghouse coding complete
Following 9/11, the Bush administration undertook the "Terrorist Surveillance Program," which included warrantless wiretapping of foreign communications arguably covered by Foreign Intelligence Surveillance Act (FISA) Title I's requirement of a probable-cause warrant for wiretaps of certain electronic communications. The program was described in the New York Times in December 2005; in response, in 2006, the decision was made to seek FISA Court approval of the surveillance.
The FISA Court issued two orders on Jan. 10, 2007, approving continuation of the surveillance of the content of foreign communications. Under traditional FISA, tapping of a "facility" depends on demonstrated probable cause to believe that the "facility" is being used by an agent of a foreign power/international terrorist. "Facility" has usually been interpreted to mean, for example, a phone number or an email address. But in this matter, one FISA Court judge (Judge Malcolm Howard) accepted the government's argument that a facility could be something far broader--not just a particular phone number or email address but the "gateway or cable head foreign targets used for communications," because terrorists were probably among the millions of people whose communications used that gateway. Minimization rules then were imposed, governing the searching and use of the communications. We don't have the date on which the order was entered, but we do have an additional order, entered on 4/5/2007 and expiring 5/31/2007, extending the first order.
The FISA Court's subsequent denial of the reapplication for authorization for these surveillance orders can be found in the Clearinghouse at NS-DC-68.
Summary Authors
Edward Mroczkowski (3/23/2015)
Howard, Malcolm Jones (North Carolina)
Bradbury, Steven G. (District of Columbia)
Eisenberg, John A. (District of Columbia)
Gonzales, Alberto (District of Columbia)
Olsen, Matthew G. (District of Columbia)
Last updated March 13, 2024, 3:06 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)
Key Dates
Filing Date: 2007
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Government
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Causes of Action:
FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812
FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Content of Injunction:
Warrant/order for search or seizure
Order Duration: 2007 - 2007
Issues
General/Misc.: